Abstract
The paper analyzes the problematic issues concerning the recognition of evidence as inadmissible in criminal proceedings. A study of the historical perspective of basic scientific concepts of recognition of evidence as inadmissible in criminal proceedings is conducted. The author analyzes the problem of resolving the issue of admissibility of evidence in the Criminal Procedure Code of Ukraine of 2012. Attention is drawn to the fact that fixing the basic concepts of recognition of evidence as inadmissible in the new Criminal Procedure Code of Ukraine requires a detailed study of this problem. In such study, the main is scientifically sound approach to the formulation of criminal procedure rules, as well as developing judicial practice. In the theory of criminal process and criminal processual legislation the problem of recognition inadmissible evidence is solving ambiguously. It should be emphasized that such an ambiguity refers not only to the criminal process, but generally to other kinds of legal procedures. The existence of complex and multi-faceted approaches for clarifying the nature of the evidence admissibility, recognition of their unacceptability in the legal process contributed to the emergence in national legal science considerable, we can say a great number of relevant concepts studied in relation to issues. In this case for an objective and critical analysis, for improving certain elements of data concepts, there is a need to explore their significance for the science of criminal process and their impact on domestic criminal procedural legislation of Ukraine. The problem of legal concepts regulating the admissibility of evidence is a necessary factor for improving the efficiency of thecriminal process, the tasks of criminal justice.
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